Montana Code Annotated — Title 15 (Taxation)
Mont. Code Ann. § 15-31-523
Suspension Or Forfeiture On Delinquency
15-31-523 . Suspension or forfeiture on delinquency.
# (1)
If a tax computed and levied under this chapter is not paid or if a return is not filed before 5 p.m. on the last day of the 11th month after the date of delinquency, the corporate powers, rights, and privileges of the delinquent taxpayer, if it is a domestic corporation, must be suspended, and if the delinquent taxpayer is a foreign corporation, it forfeits its rights to do intrastate business in this state. If a domestic corporation fails for a period of 5 consecutive years either to file a return or to pay the corporate income tax, the department shall notify the corporation by mail addressed to the latest address on file in its office that the corporation will become dissolved if it fails to file all delinquent reports and pay all delinquent corporate income taxes within a period of 60 days after the mailing of the notice. If the delinquent reports are not made and all delinquent taxes are not paid before the expiration of the 60-day period, the department shall certify this fact to the secretary of state, and upon receipt of the certificate, the corporation must be dissolved and the secretary of state shall indicate, by the secretary of state's records, the dissolution.
# (2)
The department shall transmit the name of each corporation described in subsection (1) to the secretary of state, who shall immediately record the transmission in a manner that is available to the public. The suspension, forfeiture, or dissolution provided for in this section becomes effective immediately when the record is made, and the certificate of the secretary of state is conclusive evidence of the suspension, forfeiture, or dissolution.
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In this chapter (40 sections)
- 15-31-403 · Rate Of Tax Imposed -- Income From Sources Within State…
- 15-31-404 · Offset For Corporate Income Taxes -- Alternative Corporate…
- 15-31-405 · Information Return -- Period For Assessment Of Tax
- 15-31-406 · Corporate Income Tax Sections Incorporated By Reference
- 15-31-407 · Employment Of Personnel -- Rules
- 15-31-408 · Repealed
- 15-31-501 · Department Rules -- Conformance With Internal Revenue Code
- 15-31-502 · Assessment And Payment Of Tax -- Estimated Tax Payment --…
- 15-31-503 · Deficiency Assessment -- Notice -- Penalty And Interest
- 15-31-504 · Estimated Tax On Failure To File
- 15-31-505 · Subpoenas -- Investigation Of Income, And Shifting
- 15-31-506 · Copy Of Federal Return Required -- Report Of Amended…
- 15-31-507 · Repealed
- 15-31-508 · Repealed
- 15-31-509 · Periods Of Limitation
- 15-31-510 · Estimated Payments -- Tax Returns -- Penalty And Interest
- 15-31-511 · Confidentiality Of Tax Records
- 15-31-512 · Through 15-31-520 Reserved
- 15-31-521 · Closing Agreements
- 15-31-522 · When Immediate Payment Demanded
- 15-31-523 · Suspension Or Forfeiture On Delinquency
- 15-31-524 · Reviver Of Corporation After Suspension Or Forfeiture
- 15-31-525 · Levy Upon And Sale Of Property
- 15-31-526 · Action By Attorney General
- 15-31-527 · Repealed
- 15-31-528 · Through 15-31-530 Reserved
- 15-31-531 · Credit For Overpayment -- Interest On Overpayment
- 15-31-532 · Application For Refund -- Appeal From Denial
- 15-31-533 · Through 15-31-540 Reserved
- 15-31-541 · Site Of Failure To Act -- Evidence
- 15-31-542 · Repealed
- 15-31-543 · Forfeiture Of Right To Engage In Business -- Penalties
- 15-31-544 · Action On False Or Fraudulent Return
- 15-31-545 · Repealed
- 15-31-546 · Through 15-31-550 Reserved
- 15-31-551 · Certified Copies Of Corporate Income Tax Returns To…
- 15-31-552 · Corporation Dissolution Or Withdrawal Certificates And Tax…
- 15-31-553 · Fees To Reimburse Department For Costs -- Deposit In…
- 15-31-554 · Returns To Which Sections Apply
- 15-31-601 · Repealed